Which of the following correctly analyzes a positive change to federalism due to the use of selective incorporation?(1 point)
Responses
Selective incorporation has been used to expand individual rights across the country.
Selective incorporation has been used to expand individual rights across the country.
Selective incorporation has resulted in an increase in the power of states as compared to the national government.
Selective incorporation has resulted in an increase in the power of states as compared to the national government.
Selective incorporation has forced the national government to gradually abide by the rights and freedoms listed in the Bill of Rights.
Selective incorporation has forced the national government to gradually abide by the rights and freedoms listed in the Bill of Rights.
Selective incorporation has reduced the power of states to regulate handgun ownership in their states.
Selective incorporation has been used to expand individual rights across the country.
The correct response is:
Selective incorporation has been used to expand individual rights across the country.
The correct answer is: Selective incorporation has been used to expand individual rights across the country.
To understand why this is the correct answer, it's important to understand what selective incorporation is and its significance in federalism.
Selective incorporation is a legal principle that allows for the application of certain rights and protections guaranteed by the Bill of Rights to be applied to the states through the Fourteenth Amendment's Due Process Clause. Prior to selective incorporation, the Bill of Rights only applied to the federal government, not the states.
Through a series of Supreme Court decisions, starting with the case of Gitlow v. New York in 1925, the Court began to selectively incorporate individual rights and protections from the Bill of Rights, such as freedom of speech, religion, and due process, into the states' legal framework. This means that states are now bound to respect and protect these rights, just like the federal government.
By incorporating these rights, selective incorporation has expanded individual rights across the country. The Court's use of selective incorporation ensures that individuals are protected from state infringements on their fundamental rights and freedoms, regardless of which state they live in.
Therefore, the statement "Selective incorporation has been used to expand individual rights across the country" correctly analyzes a positive change to federalism due to the use of selective incorporation.